Culture of tolerance must be promoted

Culture of tolerance must be promoted

Kuwaiti youth are actively engaged in the political affairs of the country as candidates largely depend on them to attract young voters and push their manifestos, says Labeed Abdal. Abdal believes the political blocs in Kuwait are as good as parties for they are well organized and they have managed to influence the Kuwaiti political spectrum in a big way. The Constitution of Kuwait does not prevent the formation of political parties as the parliament has to get the necessary laws passed to establish parties, thereby organizing the membership and the funding, he adds. Abdal spoke to the Arab Times on a range of issues, including visa trafficking, Guantanamo prisoners, Kuwaiti judicial system, among others.
Q: What are some of the socio-economic changes that Kuwait has experienced post-liberation?A: Liberating Iraq from the clutches of Saddam Hussein was one of the most important developments to have taken place in the region, thereby removing a major hurdle in the path of Kuwait and this, in turn, boosted its stability and security.Kuwait in particular, and the Gulf in general, should capitalize on the high oil prices and create a conducive environment to attract foreign investment, besides carrying out economic and social reforms for more openness.
Q: Should Kuwait stick to the five constituency system as there is a general belief that the system has bolstered tribal and sectarian leanings. How do you view this issue?A: The five constituency system encouraged many candidates to hold tribal primaries and I strongly believe that there is an exigent need to review the system by the concerned authorities. As we saw in the recent elections, voters in certain constituencies cast their ballot based on tribal or sectarian affiliations and as some new constituencies became bigger — this to some extent — reduced the influence of candidates on voters.
Q: The lack of political parties in Kuwait has been decried by many political experts with some even suggesting that it will vitiate Kuwait’s democracy in the future.A: I believe the political blocs in Kuwait are as good as parties for they are well organized and they have managed to influence the Kuwaiti political spectrum in a big way. Additionally, the Constitution of Kuwait does not prevent establishment of political parties as the parliament has to get the necessary laws passed to establish political parties, thereby organizing the membership and the funding.
Q: Many candidates in the recent elections launched online campaigns to woo young voters. There is a general belief that the approach of the Kuwaiti youth towards the last election was lackadaisical. A: I beg to differ on this issue. I believe Kuwaiti youth are actively engaged in the political affairs of the country and this was seen in the recent elections as candidates largely depended on youth to attract young voters and introduce them of their manifestos. Moreover, some candidates targeted the Internet-savvy youth by advertising their candidacy on YouTube and Facebook, besides linking their websites to many sites of newspapers and TV Channels in Kuwait.
Q: How do you expound the political direction of Kuwait?A: There is a greater need for liaison between the government and the parliament, especially to realize the Amir’s vision of transforming Kuwait into a financial centre. This will call for paying more attention to “certain internal developments” because Kuwait tends to lack tolerance towards other cultures. We need to respect and understand other cultures, besides promoting peace and harmony.
Furthermore, we should shun radicalism and foster diversity, especially if we are to become a financial hub whereby we need to carry out legal and administrative reforms to fulfill the requirements of the United Nations & human rights organizations. There should be a balance between scrutinizing the labor-force in Kuwait and practicing human rights. We suffered human rights’ violations during the Iraqi invasion. However, recovering from the invasion does not mean that we forget to respect others. In other words, we should bestow on others the same blessings that were bestowed on us, especially if we are looking at better future filled with prosperity, equality and freedom for all.
Q: There are different theories doing rounds with regards to lack of synergy between the government and the parliament…why is the word synergy elusive in the parliament?A: One of the major hurdles facing our parliamentary system is that the ministers are not voted to office, instead they are appointed by the prime minister. Herein lies the problem. When the government puts its program before the parliament; this often leads to confrontation for both sides have their own set of agendas and priorities. In short, this will require more constitutional reforms to prevent old disputes between the executive and the legislative bodies.
Q: Do you think some parliamentary seats should be reserved for women candidates?A: Kuwaiti women candidates faced the same challenges in the last election as women candidates experience elsewhere in the world. The questions that were uppermost on everybody’s mind included: Would men vote for women candidates? And what percentage of votes would women get from their counterparts?I believe women candidates will require more backing from the political groups and the allocation of the quota system should be eschewed for it is unconstitutional. In other words, it amounts to discrimination simply because it contradicts the very principle of equality between men and women candidates.
Q: How can Kuwait regain its past glory, especially on the economic front? A: Transforming Kuwait into a financial hub entails many factors such as legislative reforms, which should encompass new laws needed to attract foreign investors. This includes the PPP law (Private Public Partnership law) that will help regulate the partnership between the private and public sectors. We also need more advanced privatization laws and IT laws, which comprise Internet crimes.Also, the administrative bureaucracy should be eliminated with more focus on e-governance. This system in question is available in some government offices. In a nutshell, e-governance should be developed further to cut the red-tape, especially for new investors.On the other hand, we must promote a culture of tolerance as it is very important to respect other nations’ beliefs without which investors will face unnecessary restrictions and this will prompt them to look elsewhere.
Q: What are some of the challenges faced by foreign investors?A: Kuwait is not a new player on the global business circuit but the need of the hour is to have greater transparency with regards to business laws and bylaws, thereby focusing on the application of the international trade agreements that offer foreign investors a bigger space on the playing field.
Q: Many Kuwaiti students go overseas for higher studies. Do you think this trend can be reversed by the ministry of education?A: More trust needs to be reposed in the younger generation and we must switch back to co-education as was the case since the establishment of Kuwait University in 1966. Also, more public and private universities must be established with more emphasis on higher education such as Masters and PhD Programs. We should also increase the number of scholarships and exchange programs to promote the interaction between Kuwait and other cultures and civilizations.
Q: Calls are growing for the grilling of the education minister. Don’t you feel that it will be a big setback for the education sector if she steps down from her post?A: Kuwait needs to adopt a modern approach with regards to its curricula with strong emphasis on e-learning. Besides this, the classrooms should be well-equipped. We need to adopt co-education policy at least up to the higher education. Regrettably, the education sector is riddled with mismanagement and no one seems to be blowing the whistle. Take the issue of degree validation, the ministry of education has been dragging its feet on the said issue and as a result highly qualified professionals are leaving en masse. The ministry of education has some incompetent officials at the helm of affairs and unless the ministry replaces them, things will continue to deteriorate. Many top professionals in various fields have expressed discontentment owing to the undue delay in the degree validation process, which under normal circumstances should take less time and effort.The Kuwaiti embassies abroad can also help to speed up the validation process by regularly following up the paperwork with the concerned universities. I raised this issue with the authorities at the Education Ministry but regrettably no action was initiated. I have now approached some parliamentarians who have promised to look into the matter, even as the education minister is expected to be grilled over issues mentioned above.
Q: Kuwait has come under fire for its handling of the labour demonstrations with some suggesting that the human rights situation in the country is deteriorating … Do you agree with this?A: The labour issue has been simmering for a long time but the government failed to act on numerous occasions and the result being that things took an ugly turn. I believe that the deported Bangladeshi workers, who were allegedly involved in violent demonstrations, got a raw deal. The workers in question should have been provided fair justice by way of offering them defense counsel. The unlawful deportations tainted Kuwait’s image on the international arena even as it was appalling to see workers being deported without having full legal review of their situation. Another thing is that the authorities should have provided the workers their dues before deporting them. Respecting and defending human rights has been part and parcel of our culture and it must be invariably promoted by the media, the schools, the mosques and all government agencies.The Constitution of Kuwait includes many articles that regulate justice and equality before the law and this must be implemented strictly both for Kuwaitis and expatriates.
Q: Is the government doing enough to combat human trafficking?A: There is a draft law pertaining to human trafficking which the parliament should get passed to stamp out the unscrupulous practice. At a time when labour issues are taking center stage, there is no better time to get the said draft law passed and it will help to surmount many labour-related problems. There are certain groups involved in visa trafficking and the government should take tough action against them to set a precedent. The government must take swift measures to put an end to the suffering of many marginal laborers. Had the government tackled the problems of workers in an efficient manner, things would have not come to such a pass. There is also an imperative need for victims of visa trafficking to cooperate with Kuwaiti authorities so that this problem can be tackled in an effective way. The victims can also address their problems through their respective embassies, which should also monitor the role of the manpower recruiting agencies in their countries. I believe the authorities should also establish a network to gather information pertaining to visa trafficking. Moreover, the ministry of social affairs should step up inspections of establishments and cancel commercial licenses of firms which are unable to provide the employment history of their workers.
Q: Some Asians arrested during recent raids in Hasawi and elsewhere were reportedly deported without being given a trial. A: I strongly believe that any accusation must be backed by evidence and every defendant must be given a fair trial. I am of the view that Kuwaiti laws treat everyone equally … laborers who face problems with their sponsors can always move the courts to get their rights.
Q: What are your views on the issue of the Bedoun?A: The Bedoun issue is not of much significance to Kuwait only, as the word itself implies “Stateless”. The term in question was coined after the two World Wars. People whose countries were defeated during the two wars lost their nationality and thus became stateless.What we must do now is to facilitate procedures to provide the Bedoun residency, free medical care, education until their problems are resolved.
Q: Kuwait is a wealthy country but the health sector does not seem to be very healthy in terms of services provided by the hospitals. A: Health care in Kuwait needs more attention, in terms of quality and equality.The public hospitals must improve their level of services, especially at a time when the government coffers are overflowing owing to the high oil prices. Some of these funds must be used to improve health care services in the country. There is also need for modernization of hospitals, besides hiring experienced doctors, nurses and advanced equipment. Advanced medical equipment will help doctors provide better medical care.We need to establish cooperation pacts with international hospitals to exchange expertise by way of training Kuwaiti doctors.
Q: Some of the Kuwait prisoners are still languishing in Guantanamo? Don’t you feel it is time for them to be released?A: The Guantanamo prison came into existence following the 9/11 attacks and the subsequent war on terrorism.The suspects were not prisoners of war but considered militant combatants, especially when the attacks were not during an ordinary war and for that reason their conditions were not governed by the Geneva Convention which regulates the international rules for treating the POWs.Talking about the solutions, I think international efforts must go back to the main and simple principles of justice, where any defendant must be arraigned in a court of law to review his or her situation and all countries must promote a legal balance between the security /intelligence measures and judicial review. The war on terror should not be an open door policy for sometimes illegal measures might be applied and this may lead to long and illegal detention of the suspects.
Q: How efficient is the Kuwaiti judicial system? Do cases fester in the courts? A: The Kuwaiti court system is considered moderate with regards to the speed of the judicial process. For instance, a murder case in Kuwait will reach a final judgment within two years, while in other countries it might take as long as 15 years. Therefore, the Kuwaiti judicial system makes more impact in what is called the public deterrence. In other words, punishment must have a positive effect in relation to preventing other criminals from perpetrating crime knowing that the punishment is swift and severe. Also in commercial matters, local and international companies have equal rights in relation to bringing their disputes to the local courts. We are certain that the Kuwaiti law treats everyone equally. As for the family laws, Kuwaiti courts also implement foreign laws if a situation demands.
Q: Can you touch on some of the challenges faced by lawyers in Kuwait?A: At the Kuwait Bar Association (KBA) we tackle all legal challenges faced by lawyers in Kuwait. The government even refers some laws to KBA for review and comments. There is a tremendous unity among lawyers in Kuwait and we confront all challenges by offering a united front. Moreover, the Law Revision Committee at KBA has rendered assistance in reforming the Tax Law of Kuwait and making smaller tax deductions for the foreign companies and intensive follow-up of the needed reforms for the business, investments and labor laws.Also as lawyers, we are always there to legally assist new investors to establish their firms, thereby contributing to their efforts in accomplishing their goals in entering the GCC countries in particular and the Middle East in general.
Q: What is the role of Kuwait Bar Association?A: Kuwait Bar Association is one of the oldest in the GCC countries and was established in 1963 with just ten members. Today, there are about 1,500 members. We have established committees in various domains such as Civil Laws Revision Committee, Criminal Law Revision Committee, Human Rights Committee, Cultural Committee, IP Committee, WTO Committee, the Constitutional Rights Committee, Court Procedures Committee, Media Committee, among others. At KBA, we are highly committed to all international legal issues and work in harmony with the judicial authorities in Kuwait.


By Francis A. Clifford CardozoArab Times Staff